Thanks to the "Public Safety Exception" to Miranda (which was created in 1980), the government is not forced to choose between treating a suspect as an enemy combatant or immediately allowing said suspect to hide behind an attorney and the right to remain silent. In extraordinary circumstances, when a suspect is believed to be part of a broader conspiracy that might result in the loss of innocent life, authorities have 48 hours to question the suspect before mirandizing him.

Dzokhar Tsarnaev, the man suspected of being a co-conspirator in the Boston Marathon bombings, was mirandized after only 16 hours of questioning. According to a Fox News, FBI officials were "stunned" when federal District Court Judge Marianne Bowler arrived at the hospital and read Tsnarnaev his rights. Sources told Fox News that this premature action might have hurt the investigation.

Apparently, prior to Judge Bowler reading him his rights, Tsarnaev was cooperating with investigators. The arrival of public defenders and the Justice Department, though, compromised the interrogation and now the belief is that "valuable intelligence may have been sacrificed as a result."

The current Justice Department employees who previously represented Guantánamo detainees or terrorism suspects are:
Tony West, the Assistant Attorney General for the Civil Division.
Jonathan Cedarbaum, of the Office of Legal Counsel.
Eric Columbus, senior counsel in the Office of the Deputy Attorney General.
Karl Thompson, of the Office of Legal Counsel.
Joseph Guerra, Principal Deputy Associate Attorney General.
Tali Farhadian, an official in the Office of the Attorney General.
Beth Brinkmann, Deputy Assistant Attorney General in the Civil Division

Pray for America to Wake Up
*******
The Wake Up won’t come out of any sudden moral awakening or political epiphany; it will be in the form a calamity. Most likely an economic collapse. But other possibilities abound.

“Communists in our top tier government ARE really pushing hard for CW II.”

While I would not start it, I for one would welcome it. Maybe we could purge ourselves once and for all of the communist enemy within (taking all Muslims along).

I agree they keep pushing and pushing hoping Real Americans will be the first to fire back. They know we have a greater respect for the law than the left. Eventually the left will have to fire the first shot and I think most of us can site numerous occasions where they already have and we did not respond. Time will come when we must respond. I think we at at that time.

The judge is a traitorous subhuman who hates America. Just who sent her to the hospital to read this traitor his “rights”? Isn’t her action a bit odd? Is their no end to what these communists running this administration will go? Hopefully, they will ALL be brought to justice.

Boston Marathon, where two bombs went off killing three people and wounding 264, included preparation for such an emergency, a top Massachusetts public safety official said on Wednesday.

“We spend months planning for the marathon. We did a tabletop exercise the week before that included a bombing scenario in it,” Kurt Schwartz, the state’s undersecretary for homeland security, told a panel at Harvard University.

There are different types of exercises that can be used to evaluate program plans, procedures and capabilities.

Walkthroughs, workshops or orientation seminars
Tabletop exercises
Functional exercises
Full-scale exercises
...
Tabletop exercises are discussion-based sessions where team members meet in an informal, classroom setting to discuss their roles during an emergency and their responses to a particular emergency situation. A facilitator guides participants through a discussion of one or more scenarios. The duration of a tabletop exercise depends on the audience, the topic being exercised and the exercise objectives. Many tabletop exercises can be conducted in a few hours, so they are cost-effective tools to validate plans and capabilities.

Nothing that he said under the safety rule could be used anyway. It is strictly used for determining other threats..the way I understand it. They say they have plenty to convict him but with this bunch of left wing hacks at DOJ...it is doubtful.

35
posted on 04/25/2013 7:08:59 AM PDT
by penelopesire
(TIME FOR OBAMA TO ANSWER FOR BENGHAZI UNDER OATH!!)

If the FBI & other officials at the hospital had any balls, they should have simply blocked her from entering the room. That's what they would have done if the bomber was a so-called "Christian right-wing conservative".

My other thought is this.... Well, liberal dumb-ass Boston Massachusetts, you will now see liberal political correctness & fawning & pandering to muzzies played out to its' maximum extreme. Here you have a terrorist muzlim bomber who's killed 3 people & maimed & injured over 170 others, and the politically correct liberal Gestapo will do everything possible to protect this muzlim terrorist bastard with full rights & taxpayer money. Way to go, you liberal retards!!!

I found this article from the Dubai Consulate Web page to be informative about Judge Bowler:

U.S.-UAE Judicial Exchange

March 8-10, 2011

The Consulate General, in association with the U.S. Patent and Trademarks Office, sponsored 3 U.S. federal judges for a series of workshops in the UAE. Judge Ronald Lew of the Central District of California, Judge Joanna Seybert of the Eastern District of New York, and Marianne Bowler of the District of Massachusetts. During their time in the UAE, the judges helped conduct a legal seminar on intellectual property rights at the UAE Institute of Training and Judicial Studies in Sharjah.

The judges also visited the DIFC Courts and then participated in a judicial roundtable with the Dubai Courts, where they were joined by Consul General Justin Siberell. The roundtable consisted of a mutually-rewarding exchange of judicial best practices and information about the respective legal systems of both nations. The U.S. judges were particularly impressed by Dubai Courts innovative use of technology and world-renowned case management system.

I think it is better to Mirandize than to risk exclusion of his testimony later, if this was challenged.

Alan Dershowitz agrees...

Dershowitz insisted that authorities would come to regret not reading Tsarnaev his Miranda rights, partly because there was never any basis for the public safety exception, but, more significantly, because they may have blown their chances of getting a death penalty conviction. Why? Because theyll need to be terrorist intentions, but the information they get may not be admissible in court.

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